Will Disputes

No matter how well intended or organised the deceased may have been in the making of a will it can still be challenged when they die. If the deceased has made a ‘home made will’, the prospects of a challenge being raised are often high. If a will is professionally made by a solicitor it may be much harder.

There are limited reasons available to make a challenge. If you simply do not like the fact that the deceased has left their estate to the cat and dogs home this will not be enough. There have to be reasons that are connected with the way in which the will has been prepared and sworn that have been missed or incorrectly dealt with. This often happens with home made wills.

In other cases there has to be evidence to show that the deceased was unduly influenced in to the making of the will, or perhaps that they lacked capacity to do so. In other cases, duress, fraud or forgery might arise as well as a simple failure to ensure that the deceased knew what the terms of the will contained and agreed them.

We can assist you in determining whether the deceased made a valid will and we can help you investigate all avenues available. For example, you may be concerned about the fact that you expected to be included in a will but then find out that this may not have been the case. Or that you are concerned that an elderly relative may have been persuaded to alter their will when they were poorly.

In such cases we can help with:

Obtaining a copy of the will;

Preventing the administration of the estate;

Obtaining information from any solicitor who was instructed in the making of the will regarding the deceased instructions or assist you in reply to such request;

We will guide you through each step and advise you on the information that is obtained. If you are either facing a claim as an executor or considering a claim against an estate we will provide you with the advice that you need to ensure you follow the court procedure to either initiate or defend any claim.

We are committed to assisting in the resolution of disputes without court action being required. We consider this to be an important process and will discuss with you all aspects of alternative dispute resolution.

Contact SAS Daniels

For more information or advice regarding Will disputes, please contact a member of the team using the contacts listed below.

Nicola Moulds

“Helen Gowin has done an excellent job looking after my husband’s estate. I am extremely grateful to her for what they did on my behalf & would certainly use SAS Daniels for any further work I might need.”

Beryl Casswell

“I would like to thank you so much for all the work you have done. You made it so much easier for me to understand the complexities and I appreciate very much that there were no death duties to pay, undoubtedly due to your skill and understanding of the law.”

David Hartshorn

“I would like to express in writing our thanks to you for the courteous and most efficient way you have handled the matter. You may rest assured that should I require any legal assistance in future, I will come straight to you.”

michael J Shaw

“The firm’s communication is exceptional and makes for very smooth working.”

We care

We have re-homed a number of pets for people who have died – we appreciate they are also a key member of your family and need looking after.

Flexible

We are flexible in our working hours to make the process of signing papers and discussing estate administration easier for clients who may need to travel a distance.

Support

We act as executors for clients who have no close family and will liaise with funeral directors to arrange the funeral and arrange for the wishes of the deceased to be carried out after their death.

FAQs

What do I need to do when someone dies?

There are a number of steps to take immediately after a death, including registering the death and contacting the executors if the deceased made a will. See the attached Probate Checklist for more information on the estate administration process and...

What happens if the person who has died hasn’t made a Will?

If someone dies without a valid will they are intestate. There is an order of people who can then deal with the estate and inherit it. Please speak to our team for advice about seeing who is entitled to deal...

What is a Grant of Probate?

A Grant of Probate is a court order which gives authority to the executors to deal with a deceased’s estate. If there was no valid will, the order is know as a Grant of Letters of Administration and is issued...

How many executors need to act?

You can appoint up to four people to act as executors in your will but normally one or two will act in the estate. It is better to appoint at least two as if one of them is not able...